Rathbone v. Ayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, F. Wayland Ayer, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chemung on the 2d day of December, 1902, upon the decision of the court, rendered.' after a trial at the Broome Special Term, overruling said defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
Kellogg, J.:
The complaint alleges the incorporation in this State of the Elmira Steel Company on July 10, 1899; that on December 18, 1900, a petition by creditors in involuntary bankruptcy was filed; that such proceedings were had that the Elmira Steel Company was declared a bankrupt about April 17, 1901, and that plaintiff was appointed by the United States District Court a trustee in bankruptcy and qualified as such May 14, 1901. This action was commenced August 1, 1901,
The complaint alleges a cause of action in favor of the corporation, based upon the misconduct of the directors. It…
2Cited by2 opinions
- Irving Trust Co. v. GunderAppellate Division of the Supreme Court of the State of New York · 1932
- Rathbone v. AyerAppellate Division of the Supreme Court of the State of New York · 1907